CA Dilart Perera v. Rajitha Senaratne (Yapa. J.) 101 applicant may not be an aspirant to the office, nor he has any interest in the appointment, he can still apply as an ordinary citizen. A member of a municipal body or a mere rate payer can challenge the right of a member to sit as a member in a municipality. Any person though not personally interested in the results of an election can apply for the writ of quo warranto. Learned Counsel for the petitioner referred us to the case of Nesamony us. Varghesel,1> cited by H. M. Seervai, “Constitutional Law of India” Third Edition Volume ii Page 1218, where the Indian Supreme Court has held that: “If a stranger, acting bonafide, can, apply for a writ of quo warranto, afortiori person having a special interest in the office would be entitled to do so. Accordingly, a member of a legislative assembly had locus standi to apply for quo warranto if he bona fide believed that the speaker held his office without legal authority." Therefore we hold that the petitioner who is a Member of Parliament clearly has the locus standi to file this application. It is also alleged on behalf of the 1st respondent that there has been delay in making this application by the petitioner. In respect of the question of delay, it is to be observed that, there can be no delay in this case for the reason that the mischief complained of is a continuing one. In other words the l sl respondent’s continuance in office affords fresh cause of action each day till he is removed. Therefore it would appear that there is no question of delay as far as this writ is concerned. On this matter learned Counsel for the petitioner referred us to the case of Sanu Sampat us. Jalgaon Borough Municipality1121 cited in V. G. Ramachandran’s Law of Writs Fifth Edition page 798, where it was observed that “If the appointment of an officer is illegal eveiy day that he acts in that office a fresh cause of action arises; there can, therefore, be no question of delay in presenting a petition for a writ of quo warranto in which his very right to act in such a responsible post has been questioned."